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Education Law

Title IX Blog

News, legal developments, commentary, and scholarship about Title IX, the federal statute prohibiting discrimination on the basis of sex in federally funded schools.
By Erin Buzuvis, Sudha Setty, and Kristine Newhall

Post Frequency: 3.4/day

Last Entry: July 16, 2010 at 08:42:00

Fresno State adds lacrosse

Posted on September 23, 2008
In need of rectifying the disproportionate amount of scholarship dollars going to men and women, Fresno State has added--rather hastily it seems--women's lacrosse to its slate of intercollegiate sports. The decision was made last winter, and the season starts this spring...

OCR Finds Title IX Violations at San Diego Mesa College

Posted on September 18, 2008
The Department of Education's Office of Civil Rights validated the premise of a discrimination lawsuit filed by two former coaches when it confirmed "substantial and unjustified" Title IX violations at San Diego Mesa College this week. The coaches, Lorri Sulpizio and Cathy Bass, sued the college in July, alleging that they were fired in retaliation for complaining about gender inequities within the athletic department as well as for their sexual orientation...

Busy guy...

Posted on September 17, 2008
...that Warren Paboojian of Fresno, California. He represented both Stacy Johnson-Klein and Diane Milutinovich in their Title IX lawsuits against Fresno State--successfully with both plaintiffs receiving either substantial settlements or jury awards. (Click the Fresno State tag for the whole Fresno State saga...

I stand corrected

Posted on September 16, 2008
Welch Suggs was nice enough to gently correct me regarding my concerns over the portrayal of the financial doings of the University of Tennessee athletic department. Or should I say athletic departments--plural. I was surprised--clearly--to learn that UT still keeps separate men's and women's athletic departments...

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Basketball Star Age 12 and "Going on LeBron"

Posted on September 13, 2008
Two of my favorite blogs (see here and here) have already posted about Elizabeth Weil's profile in the New York Times of the 12-year-old basketball phenom, Jaime Nared. You may recall Nared from the controversy that erupted last spring after she was excluded from a private boys' league in Oregon because she always beat them (another of my favorite blogs covered that story, here)...

Oral Arguments Scheduled in Fitzgerald

Posted on September 12, 2008
As our regular readers know, the Supreme Court has a Title IX case on the docket this Term -- its first since Jackson in 2005. Earlier this week, the Court announced that oral arguments in Fitzgerald v. Barnstable School Committee have been set for Tuesday, December 2...

Settlement in Nevada

Posted on September 11, 2008
I really hope someone in this Nevada soccer seasons case gets a Title IX expert on board soon. Because I was shocked to read that the Nevada Interscholastic Activities Association (NIAA) has settled with parent Eric Johnson of southern Nevada who claimed that moving girls' soccer (his daughter Emma plays) from the winter to the fall (when she plays volleyball, but when the rest of the state plays soccer) is a Title IX violation...

Oklahoma school paying attention

Posted on September 11, 2008
Administrators at Westmoore High School in Oklahoma say they are taking the recent Title IX complaint filed by two sets of parents of softball players very seriously. Moore school district superintendent Debbie Arato said she is thoroughly reviewing the complaint which lists eight points of concern by the parents, including inequitable facilities...

The (mis)management of information

Posted on September 10, 2008
Sometimes I am casually reading an article and have to just stop in disbelief. No, they can't possibly be saying what I think they are saying.Here is such a paragraph in an article about athletics at the University of Tennessee:University of Tennessee is different than most, however...

Oklahoma update

Posted on September 09, 2008
Thanks to one of the plaintiffs (who emailed us) in the case of inequities regarding the softball team at Westmoore High School in Oklahoma we now know a little more. There is both a lawsuit pending and a complaint filed with OCR. I suspect we will hear more about this soon.

Inequality in Oklahoma softball?

Posted on September 08, 2008
It's hard to believe that there are issues of equity in softball in the state of Oklahoma. I mean, Oklahoma, where the College World Series is held every year. It's a state that would seem to prize softball. But apparently the value the sport has at the collegiate level has not had a universal trickle-down effect...

Private School League Benches Female Kicker

Posted on September 03, 2008
Via New Moon Girls blog, I found this story from ESPN.com about Kacy Stuart, a female freshman at New Creation Center, a private high school near Atlanta, who was recently dismissed from her position as kicker for the school's football team, after a ruling by the private school conference to which New Creation belongs...

Governor Palin Supports Title IX

Posted on August 29, 2008
(Photo from Huffington Post. Palin is on the right.)Intrigued by the sports narrative that accompanied John McCain's announcement that he has chosen Alaska Governor Sarah Palin to be his running mate -- we were immediately introduced to Palin the hockey-mom, coach, and former high school basketball state champion nicknamed Sarah-the-Barracuda -- I wondered what the newly-minted candidate thinks about Title IX...

Court Tosses Student's Lawsuit Challenging Low Grade Received From Female Professor

Posted on August 28, 2008
If you or anyone you know teaches in a Women's Studies department, this story will sound familiar:After receiving a D in English 111 course at Ivy Tech Community College in Gary, Indiana, student Richard Faloona complained to the administration that his female professor, Nancy Riecken, gave him a low grade because of sexism...

On the other hand

Posted on August 26, 2008
Boston Globe columnist Bob Ryan attributes the success of the American women's teams in Beijing to Title IX.Too bad he keeps referring to the athletes as "ladies" in that way in which many male sports writers, thinking they are being supportive, are so condescending.

Title IX and the Olympics

Posted on August 25, 2008
You knew we wouldn't make it through an Olympics--even a highly successful one for the United States--without hearing about Title IX threatening the future of Olympic sports. This article in The Wall Street Journal is not entirely condemning of Title IX, but it does leave open the potential inferences by readers that cuts to men's Olympic sports happen because women's sports are "protected" by Title IX...

Professor Dees on Brown and Title IX

Posted on August 22, 2008
In the current issue of the University of Missouri-Kansas City Law Review, Professor Jermone Dees from Faulkner University's law school argues that integration of American universities following Brown v. Board of Education, rather than Title IX, has done more to increase collegiate athletic opportunities for African-American women...

Fourth Circuit Won't Enjoin JMU from Cutting Teams

Posted on August 21, 2008
Yesterday, a federal appeals court sided with James Madison University in its litigation with Equity in Athletics, Inc., the group challenging JMU's decision to cut 7 men's and 3 women's athletic teams in 2006. A federal district court in Virginia had already rejected EIA's efforts to obtain a preliminary injunction against the cuts, which EIA argues violated Title IX and discriminated against men, and yesterday's decision 4th Circuit Court of Appeals affirmed the lower court's ruling...

More Iowa troubles

Posted on August 18, 2008
A University of Iowa professor has been charged with sexual harassment after asking female students (via email) for a chance to see and grope their breasts--in exchange for an A. This blog post, by Zuska, offers the cynical take that we here at the Title IX blog try to refrain from most of the time but do enjoy reading...

Nebraska-Kearney adds women's soccer

Posted on August 15, 2008
University of Nebraska-Kearney is adding women's soccer as a varsity sport in fall 2009. Though much of the discourse around the addition is centered on adding a sport that almost every other state university already has and the popularity of the sport in Nebraska high schools, the brief mention of Title IX and the fact that the university has not added a sport--any sport, men's or women's--since 1963, makes me think that providing equitable opportunities was more of a factor than the university is letting on...

Settlement Scuttled in WVU Tech Case

Posted on August 14, 2008
An odd development in the lawsuit by the WVU Tech softball players' Title IX case we blogged about in February: the players' lawyer has asked the judge to let him off the case because the players are refusing to sign an agreement that the lawyer believes reflects a settlement both sides had agreed to...

Nevada soccer dad update

Posted on August 13, 2008
On Monday soccer dad and assistant US attorney Eric Johnson brought his Title IX complaint before a federal judge who will rule today (this article says next week, though) on whether to issue a temporary restraining order against the Nevada Interscholastic Activities Association to keep girls' soccer in the southern part of the state a sanctioned winter sport...

ESPN column breaks down intercollegiate soccer

Posted on August 12, 2008
Maria Ortiz Burns, a former intercollegiate soccer player, has written a good editorial at EPSNSoccernet breaking down the myth that men's intercollegiate soccer has suffered because of women's intercollegiate soccer. She begins with the basics: that men's soccer has not declined--the number of DI teams and the number of players per team has actually grown over the past two+ decades...

Nevada soccer dad headed to court

Posted on August 11, 2008
In April we wrote about an odd argument using Title IX to prevent a girls' sport from being moved into its traditional season.Seems that that soccer dad, who happens to be an assistant US attorney, has gotten his case to federal court this week. Eric Johnson filed suit against the Nevada Interscholastic Activities Association and the county school district where his daughter plays soccer because they wanted to move girls' soccer from the winter to the fall...

Midland College Softball Team to Get Locker Rooms

Posted on August 08, 2008
Congratulations to the Midland College (Texas) softball team, who will finally have locker rooms and equipment storage at their practice facility starting next year. A local, city park serves as the home field for Midland softball, so the college had to get permission from the local Parks & Rec board to erect a $30,000 temporary structure for use by the college team...

Title IX "Update" in Vermont Bar Journal

Posted on August 07, 2008
Brian Porto, Esq., has published an article called "Halfway Home: An Update on Title IX in College Sports" in the current issue of the Vermont Bar Journal. Porto summarizes many of the current issues in Title IX law and policy, including the 2005 Clarification, the debate about proportionality and men's sports, and the recent trend in retaliation cases...

ACLU Files Suit Over Single-Sex Education

Posted on June 12, 2008
On behalf of students and parents in Kentucky, the ACLU is suing the Department of Education over the 2006 regulations that relaxed restrictions on single-sex education. This challenge arises in the context of a lawsuit over sex-segregated classrooms in the Breckinridge County Middle School, which the ACLU argues violate Title IX, the Equal Protection Clause of the U...

New (old) book

Posted on June 12, 2008
The Feminist Majority Foundation last year updated its 1985 handbook, Achieving Gender Equity through Education. Eleanor Smeal, president of the foundation and publisher of Ms. has written the forward to the new edition.More information can be found here on FMF's website...

Will Government Continue to Interfere in College Sports?

Posted on June 11, 2008
In the current issue of Journal of College and University Law, University of Massachusetts professors Todd Crosset and Lisa Masteralexis suggest that state regulation of gender equity in college athletics is "on the brink of change." They argue that sociologically speaking, the state regulates private associations only when certain conditions are met -- conditions which existed in 1972 when Title IX was passed, but are increasingly less relevant today...

Oregon Wrestlers File Suit

Posted on June 10, 2008
On behalf of the disappointed wrestlers at the University of Oregon, Equity in Athletics has sued the University of Oregon over its decision to cut wrestling when it added baseball last year.According to an EIA press release and SaveOregonWrestling.com, the state court complaint alleges that the University's decision to cut wrestling was procedurally flawed and that substantively, it violates the equal protection clause of Oregon's constitution as well as the state's antidiscrimination law, Section 659...

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